Public Health and Social Measures linked to vaccination status Direction (No. 4)

Understanding this Direction

Information to help you understand what this Direction means.

Summary

Effective from: 6pm AEST 4 March 2022

Posted: 4 March 2022

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 26 March 2022 and may be further extended.

Further to this declaration, l, Dr John Gerrard, Chief Health Officer, reasonably believe it is necessary to give the following direction pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

  1. This Public Health Direction outlines the requirements for businesses, activities and undertakings, including COVID-19 vaccination requirements for owners, operators visitors and staff entering and remaining in businesses, activities and undertakings

  2. This Public Health Direction is to be read in conjunction with other Public Health Directions issued under section 362B of the Public Health Act 2005 that have not expired or been revoked.

Citation

  1. This Public Health Direction may be referred to as the Public Health and Social Measures Linked to Vaccination Status Direction (No.4).

Revocation

  1. The Public Health and Social Measures Linked to Vaccination Status Direction (No.3) made on 8 February 2022, is revoked from time of publication of this public health direction.

Commencement

  1. This Public Health Direction applies from time of publication until the end of the declared public health emergency, unless it is revoked or replaced.

Application

  1. This Public Health Direction applies to a business, activity or undertaking in Queensland listed in Schedule 1, and to an owner or operator, staff and a visitor who enters the business, activity or undertaking.

  2. Nothing in this Public Health Direction removes a vaccination requirement for a person who is required to be vaccinated for COVID-19 under another public health direction. Nor does this Public Health Direction prevent the responsible person for a high risk setting from requesting and retaining information or records authorised or required under an Act or Regulation.

PART 1 – DIRECTION – PUBLIC HEALTH AND SOCIAL MEASURES LINKED TO VACCINATION STATUS

Vaccination Entry Requirements - Business, Activity or Undertaking in Schedule 1

  1. A person may only enter and remain at a business, activity or undertaking where they:

    1. comply with the vaccination entry requirements relating to the business, activity or undertaking; and

    2. provide proof of COVID-19 vaccination prior to entering the business, activity or undertaking or prior to being served or upon request.

      Note: proof of vaccination is defined to include evidence of medical contraindication and participation in a COVID-19 clinical trial.

      Note: a person who enters a venue to access a COVID-19 vaccination at a vaccination centre within the business, activity or undertaking must only enter that part of the venue that is the vaccination centre and must not remain any longer than required, unless otherwise permitted to do so under this Direction.

  2. A person who owns, controls or operates a business, activity or undertaking listed in Schedule 1 in Queensland whether operating at a private residence, commercial premises or in a public space, must when operating the business, activity or undertaking:

    1. comply with the vaccination entry requirements for the business, activity or undertaking; and

    2. take reasonable steps to ensure staff and visitors comply with the vaccination entry requirements for the business, activity or undertaking; and

    3. clearly display the requirement for staff and visitors to be fully vaccinated and provide evidence of COVID-19 vaccination or of a medical contraindication; and

    4. request and sight proof of COVID-19 vaccination; and

    5. for a business, activity or undertaking listed in Schedule 1, where vaccination is a requirement of entry to the business, activity or undertaking, clearly display the Check in Qld app QR code at each entry to the business that is used by staff or visitors

    6. collect contact information required under Part 4 where required in Schedule 1; and

    7. operate in accordance with the COVID-19 checklist or COVID Safe Site Specific plan, where required.

    Note: proof of vaccination is defined to include evidence of medical contraindication and participation in a COVID-19 clinical trial.

    Note: the requirements of this public health direction apply to premises or a public space only to the extent that the business, activity or undertaking is conducted at the premises or public space. Where a business, activity or undertaking is conducted from a private residence, for example, the requirements of this public health direction only apply to the part of the private residence used by or for the business, activity or undertaking.

PART 1A – OTHER PUBLIC HEALTH CONTROLS

Non-Restricted Businesses, Activities and Undertakings

  1. A non-restricted business, activity or undertaking, may otherwise operate as normal, with physical distancing and public health controls observed to the extent possible and subject to any other applicable Public Health Directions.

PART 1B – CO-LOCATION

  1. A business, activity or undertaking is not subject to vaccination entry requirements as a result of sharing premises with a business, activity or undertaking in Schedule 1 provided it is not co-located with the business, activity or undertaking and meets the requirements in paragraph 12.

  2. For paragraph 11 to apply, the business, activity or undertaking or a part of it not subject to vaccination entry requirements, must:

    1. be unoccupied by staff and visitors of the business, activity or undertaking; and

    2. be physically separate from the occupied part of the business, activity or undertaking or be secured and delineated so that staff and visitors of the business, activity or undertaking cannot enter; and

    3. not have shared points of access with the staff and visitors of the business, activity or undertaking; and

    4. not be accessed by a person who uses the facilities (for example, toilets or lunchroom) in the business, activity or undertaking.

  3. In addition to paragraph 12, if a person engaged or employed to undertake work in that part of the business, activity or undertaking that is not subject to vaccination entry requirements enters the occupied business, activity or undertaking, the person must comply with the vaccination entry requirements.

    Example: A restaurant is extending its function area and has physically separated and closed the section to the public for construction works. There is one entry point that is not shared with staff and visitors of the business, activity or undertaking and it is only accessed by construction crew. The area under construction is not subject to the vaccination entry requirements that apply to the restaurant.

PART 2 – COVID-19 VACCINATION REQUIREMENTS

Obligations on visitors

  1. A visitor aged 16 years of age or over who enters a business, activity or undertaking where vaccination is a requirement of entry must, before being served or when otherwise requested, provide proof of COVID-19 vaccination to staff or the owner or operator of the business, activity or undertaking unless:

    1. the person is a student who is part of a group attending a school related activity organised by a school; or

    2. the person is entering for an exception for Official duties and emergencies under paragraph 23 or for law enforcement under paragraph 25; or

    3. it would present a risk to the person's safety

    Note: proof of vaccination is defined to include evidence of medical contraindication and participation in a COVID-19 clinical trial.

    Examples: a group of students attending a museum for a school excursion do not need to show proof of vaccination. A group of students attending a formal at a function centre do not need to show proof of vaccination.

    A firefighter responding to an emergency call may enter a business during a fire without showing proof of COVID-19 vaccination.

  1. Despite paragraph 14 above, an unvaccinated person may enter a business, activity or undertaking for the sole purpose of obtaining a COVID-19 vaccination if a vaccination centre is set up in a part of the business, activity or undertaking.

  2. If a visitor is unable to provide proof of COVID-19 vaccination, because of age, disability, language barrier or technology used when requesting the proof of COVID-19 vaccination, another person may provide proof of COVID-19 vaccination on the person’s behalf.

  3. A visitor who does not provide proof of COVID-19 vaccination must immediately leave the business, activity or undertaking.

Obligations on staff

  1. A staff member aged 16 years of age or over who enters, works in or provides services at a business, activity or undertaking where vaccination is a requirement of entry must, before starting their next shift, provide proof of COVID-19 vaccination, to their employer unless doing so would present a risk to the staff member’s safety.

    Note: an employee only needs to provide proof of COVID-19 vaccination to their employer once unless their vaccination status or requirements for COVID-19 vaccination change.

    Note: proof of vaccination is defined to include evidence of medical contraindication and participation in a COVID-19 clinical trial.

Requirements for owners and operators

  1. A person who owns, controls or operates a business, activity or undertaking where COVID-19 vaccination is a requirement of entry must:

    1. for a visitor - make all reasonable efforts when a visitor enters the business, activity or undertaking, or prior to serving or assisting them, to confirm that the visitor meets the vaccination entry requirements by requesting and sighting proof of COVID-19 vaccination; and

      Note: Reasonable efforts to confirm compliance with the COVID-19 vaccination requirements include displaying signage at points of entry to the premises and asking a person for their proof of COVID-19 vaccination before serving them. Where a visitor is entering a business to undertake work including planned or routine regulatory or licensing duties, the owner or operator of the business should ask for evidence of their COVID-19 vaccination status before work commences.

    2. for a staff member aged over 16 years of age –

      1. request they provide proof of COVID-19 vaccination; and

      2. keep a record of each staff member’s COVID-19 vaccination status, the type of proof of COVID-19 vaccination that was sighted; and

      3. ensure that staff who do not meet the vaccination entry requirements are not permitted to enter, work in or provide services at the business, activity or undertaking; and

      4. if requested, provide the information collected from staff under this paragraph to a public health officer; and

    3. keep a record of their own COVID-19 vaccination status, and the type of proof of COVID-19 vaccination.

  2. A person who owns, controls or operates a business, activity or undertaking in Schedule 1 is not required to request a visitor or staff member’s proof of COVID-19 vaccination under paragraph 19 if:

    1. the visitor is or appears to be younger than 16 years old; or

      Note: Whilst a person who is 5 years or older is eligible to be fully vaccinated, proof of COVID-19 vaccination is only required for a visitor who is 16 years or older. A visitor who is under 16 years of age is eligible to attend all essential and non-essential activities.

    2. the visitor is a student who is part of a group attending a school related activity organised by a school; or

      Example – A school student attending an activity organised by a school, such as a school formal or excursion, does not need to provide proof of COVID-19 vaccination or exemption eligibility; this does not apply to children attending an activity organised by a person acting in a private capacity, such as a birthday party with school friends.

    3. the visitor is exercising law enforcement, intelligence, or national security functions on behalf of a government agency; or

    4. it is not reasonable to collect proof of COVID-19 vaccination due to a risk to the safety of staff and other visitors.

      Example: a business owner has prominently displayed the vaccination requirements at the point of entry to the business and instructs wait staff to ask to sight proof of COVID-19 vaccination before taking orders. In circumstances where a visitor becomes aggressive towards the wait staff, the owner is not required to enforce compliance but can reasonably refuse to serve the visitor and treat them in the same way as other aggressive visitors.

  3. A person who owns, controls or operates a business, activity or undertaking where COVID-19 vaccination is a requirement of entry may exclude a visitor who does not meet the COVID-19 vaccination entry requirements from the business, activity or undertaking.

  4. A person who owns, controls or operates a business, activity or undertaking where COVID-19 vaccination is a requirement of must make all reasonable efforts to ensure that a visitor who does not meet the COVID-19 vaccination entry requirements does not enter the business, activity or undertaking.

PART 3 – EXCEPTIONS TO VACCINATION REQUIREMENTS

Exception for Official duties and Emergencies

  1. An unvaccinated person may enter a business, activity or undertaking for any of the following purposes, and paragraph 8 does not apply:

    1. to respond to a safety risk, emergency or to provide an emergency service; or

    2. to undertake a legislated regulatory or compliance function, where delay in carrying out the function would cause a safety risk; or

      Example: a Queensland Fire and Emergency Service worker attending a workplace to undertake testing of a fire alarm system.

    3. as part of official union duties in response to an emergent need.

      Example: an employer schedules an urgent meeting with an employee to discuss proposed disciplinary action that would take immediate effect. The employee arranges for a union representative to be present at the meeting. The representative does not need to provide proof of COVID-19 vaccination to attend the workplace for the meeting.

  2. An unvaccinated person must advise the responsible person for the business, activity or undertaking of the emergency entry and of their vaccination status as soon as is reasonably practicable. Use of the Check in Qld app will satisfy the requirements of this paragraph.

    Example: an unvaccinated firefighter enters a business on a weekend, when the business is empty and locked up, in response to a fire alarm. The fire alarm is a false alert and the firefighter checks in to the building using their Check in Qld app. No further notification is required for the purposes of this public health direction (although other notifications to the business may be required).

Exception for entry for law enforcement

  1. Where the responsible person for a business, activity or undertaking is satisfied that a person is entering for the purposes of law enforcement and disclosure of their compliance with the vaccination entry requirements is inconsistent with the law enforcement function, the responsible person may permit the person to enter and remain in the business, activity or undertaking without showing evidence of proof of COVID‑19 vaccination and the responsible person is not required to record details in relation to the person.

    Note: proof of vaccination is defined to include evidence of medical contraindication and participation in a COVID-19 clinical trial.

PART 4 – COLLECTION OF CONTACT INFORMATION

Electronic collection of contact information using Check In Qld App

  1. A person who owns, controls or operates a business, activity or undertaking in Schedule 1 must make all reasonable efforts to electronically collect contact information about all visitors and staff at the time of entry by either:

    1. requesting each visitor and staff member use the Check In Qld app; or

    2. registering each visitor and staff member through the Business Profile mode of the Check In Qld app.

      Example – a person may be unable to use the Check in Qld app due to age, disability, language barriers or does not possess the technology or own a mobile phone. The business must register the visitor through the Business Profile mode.

  2. A person who owns, controls or operates a business, activity or undertaking in Schedule 1 is not required to request a person’s contact information under paragraph 26 if:

    1. the person is or appears to be younger than 16 years old and is not accompanied by a parent or adult who can provide information on their behalf; or

    2. the person is or appears to be a primary or secondary school-aged child and is part of a group attending an activity organised by a school, sporting team or community group; or

      Example – A school, sporting team or community group attending a Schedule 1venue as part of an excursion are not required to check in school-aged children. Any adults escorting the children must check in to the venue using the Check In Qld app. Paragraph 27(b) does not apply to children attending an activity organised by a person acting in a private capacity.

    3. the person has an exception under paragraph 23(a) or 25; or

    4. it is not reasonable to collect contact information due to a risk to a person’s safety.

Collection of contact information using another method due to temporary circumstances

  1. If a person who owns, controls or operates a Schedule 1 business, activity or undertaking cannot electronically collect contact information for visitors and staff at the time of entry because it is not possible to use the Check in Qld app due to unexpected circumstances, a risk of safety issues or because the business is located in a place that does not have mobile internet data connection, the person must collect and keep contact information using another method.

    Example of another method – another electronic method such as a spreadsheet or another method such as a paper-based form.

    Example of a place with no mobile data internet connection - a hospitality venue in a remote community may not have internet connection or mobile internet data available in the community.

    Note - unexpected circumstances may include temporary issues such as failure of an internet service or breakdown in the Check in Qld app. Safety issues may include a risk of overcrowding while visitors wait to be checked in by the business using the Business Profile mode.

  2. If contact information is collected using ‘another method’ under paragraph 28, the person who owns, controls or operates a business, activity or undertaking must:

    1. use best endeavours to transfer any non-electronic information to an electronic system within 24 hours of collecting the information; and

      Example – contact information may be collected each day on a handwritten sheet of paper and then entered into an electronic spreadsheet

    2. comply with the requirements for collection and storage; and

    3. if requested, provide the information collected under paragraph 26 and the electronic information under paragraph 29(a) to a public health officer.

PART 4A – OBLIGATION TO PROVIDE CONTACT INFORMATION

  1. Visitors or staff who attend a business, activity or undertaking specified in Schedule 1 must at the time of entry provide their contact information to the operator of the business by:

    1. using the Check in Qld App; or

    2. providing their contact details to the operator of the business to be registered using the Business Profile mode of the Check In Qld app; or

    3. if another method of collection is being used under paragraph 28, using that method.

  2. If a visitor or staff member is unable to provide contact information because of age, disability, language barriers or technology used in relation to the Check In Qld App or the other method of collection, another person may provide contact information on the person’s behalf.

  3. A visitor or staff member is not required to provide contact information if:

    1. the staff member or visitor is younger than 16 years old and is not accompanied by a parent or adult who can provide information on their behalf; or

    2. the visitor is younger than 16 years old and is part of a group attending an activity organised by a sporting team or community group, or is a student and is attending a school related activity organised by the school; or

      Example – A school, sporting team or community group attending a venue as part of an excursion are not required to check in school-aged children. Any adults escorting the children must check in to the venue using the Check In Qld app. Paragraph 32(b) does not apply to children attending an activity organised by a person acting in a private capacity.

    3. the staff member enters in an emergency or is entering to provide emergency services; or

    4. the staff member enters to provide emergency works; or

    5. if it would present a risk to the person’s safety.

PART 5 – MISCELLANEOUS

  1. A person to whom Part 2 applies must provide proof of COVID-19 vaccination if requested by an emergency officer (public health).

PART 6 – PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

  • A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
  • Maximum penalty—100 penalty units or 6 months imprisonment.

Dr John Gerrard

Chief Health Officer

4 March 2022

Published on the Queensland Health website at 6:00pm AEST

SCHEDULE 1 – BUSINESSES, ACTIVITIES AND UNDERTAKINGS

Column 1Column 2Column 3Column 4
Business, activity, undertakingContact information, COVID safe checklist and other requirementsFully vaccinated visitors or staff, or those with evidence of a medical contraindication – entry requirementsUnvaccinated persons – entry requirements

Vaccination required for entry to business, activity or undertaking, or part of it

(For a multi-purpose venue, the relevant rules apply to each area of the venue based on the use of that area. If the use is not listed in this Schedule, it is a non-restricted business, activity or undertaking and no occupant density limits or vaccination entry requirements apply)

Hospitality Venues

Cafés, restaurants, pubs, clubs, RSL clubs, taverns, function centres, bars, wineries, distilleries and microbreweries, and these premises in accommodation hotels, or within a shopping centre or other unrestricted business, activity or undertaking.

Food courts are out of scope for the vaccination entry requirements.

Contact information must be collected in accordance with Part 4.

Note: Contact information is not required to be collected for home delivery

Operate in accordance with the COVID Safe Checklist

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No density limits apply

Not permitted to enter except to an unrestricted or less restricted part of the business, activity or undertaking, such as a privately hired part of the venue where the cap of 20 attendees applies, or to obtain takeaway food.

Example: where a sporting club has both a restaurant and a sporting field, or hires out a part of the venue exclusively for a private function, the entry rules applicable to each area apply. People that work in or enter the restricted part are required to be vaccinated; people using the sporting field do not need to be vaccinated, unvaccinated people may only enter the space hired for the private function (where a cap of 20 attendees applies).

Wedding ceremonies and receptions with more than 20 people in attendance, including the wedding party and officials. Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, or those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain.

No Occupant density limits apply

Not permitted except where a maximum of 20 people are in attendance.

Private hire of a venue where more than 20 people attend:

Cafés, restaurants, pubs, clubs, RSL clubs, taverns, function centres, bars, wineries, distilleries and microbreweries, and premises in hotels

Night clubs

Indoor live music venues, karaoke bars, concerts, theatres, cinemas

Casinos, gaming or gambling venues including wagering outlets that are open to, and accessible by, members of the public

Adult entertainment venues (strip clubs), brothels, sex on premises venues and sole operator sex workers

Note: a venue is privately hired whether compensation is paid for the hire, or it is free.

Operate in accordance with the COVID Safe Checklist

Contact information must be collected in accordance with Part 4, or for an adult entertainment venue.

Where the use of the Check-in Qld app would result in safety or or liability issues, the business, activity or undertaking must:

  • Collect contact information; and

  • Comply with the requirements for collection and storage; and

  • If requested, provide the information collected to a public health officer within a stated time.

Only fully vaccinated visitors and staff, or those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain.

No Occupant density limits apply.

Not permitted except where a maximum of 20 people are in attendance, or the private hire is exclusive use of the venue for a religious or civil service, church or worship service (other than a wedding ceremony), or by a registered training organisation, training and education provider, where there is no limit on number of attendees.

Note: funerals are not included in any restrictions

Entertainment Venues
Nightclubs Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

NoOccupant density limits apply

Not permitted
Indoor live music venues, karaoke bars, concerts, theatres, cinemas, bowling alleys, amusement arcade Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted

Casinos, gaming or gambling venues that are open to, and accessible by, members of the public

Note: a standalone wagering outlet is out of scope for the vaccination entry requirements

Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted
Convention and entertainment centres, including any outdoor areas Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply.

Not permitted
Adult entertainment venues (strip clubs), brothels, sex on premises venues and sole operator sex workers

Operate in accordance with the COVID Safe Checklist

Where the use of the Check In Qld app would result in safety or liability issues, the business, activity or undertaking must:

  • collect contact information; and

  • comply with the requirements for collection and storage; and

if requested, provide the information collected to a public health officer within a stated time.

Only fully vaccinated visitors and staff, those with a medical contraindication or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply.

Not permitted

Stadiums (indoor and outdoor)

For all major sporting matches and other events with capacity for 5,000 or more visitors

Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors, players and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted

Theme parks, outdoor amusement parks, tourism experiences, but not including national parks and public gardens.

Note: ferry services operating as a transport provider are not considered a tourism experience and need only comply with the requirements relating to essential transport services when operating as such.

Contact information must be collected in accordance with Part 4.

Live aboard and passenger vessels where passengers are accommodated overnight may operate with up to a maximum of 99 passengers.

Operate in accordance with the COVID Safe Checklist where there is no COVID Safe Site Specific Plan required for the site

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted
Zoos, aquariums and wildlife centres

Contact information must be collected in accordance with Part 4.

Operate in accordance with the COVID Safe Checklist

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted

Showgrounds

Note: a showground is considered a multi-purpose venue and accordingly the rules that apply to an area of the venue are based on the use of the specific area/s at the relevant time.

Contact information must be collected in accordance with Part 4.

Operate in accordance with the COVID Safe Checklist where there is no COVID Safe Site Specific Plan required for the site

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain

No Occupant density limits apply

Not permitted except in the context of private venue hire or if specific rules apply to the use of a specific area/s at the relevant time

Example: If part of the showground is being used for a market or a gym, the rules for that activity apply.

Festivals (Entire venue – indoor and outdoor)
Cultural festivals, art festivals, music festivals, where ticketed entry applies Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain.

No Occupant density limits apply

Not permitted
Government owned Galleries, Museums and Libraries
Galleries, museums, national and state institutions and historic sites Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication or a COVID-19 vaccine trial participant permitted to enter and remain.

No Occupant density limits apply

Not permitted
State government libraries Contact information must be collected in accordance with Part 4.

Only fully vaccinated visitors and staff, those with a medical contraindication, or a COVID-19 vaccine trial participant permitted to enter and remain.

No Occupant density limits apply where all attendees are vaccinated.

Not permitted
Vulnerable Settings

Youth detention centres, and prison personal visiting areas

Note: Aged Care, Hospital, Disability Services – visitor restrictions are provided in the Residential Aged Care Facilities Direction (No.13); the Disability Accommodation Services Direction (No.28) and the Hospital Entry Direction (No.11).

Note: vaccination requirements for staff in prisons and other vulnerable settings are provided for in the Workers in Healthcare (COVID-19 Vaccination Requirements) Direction (No.3), and in the Residential Aged Care Facilities Direction (No.13); the Disability Accommodation Services Direction (No.28) and the Hospital Entry Direction (No.11). The requirements in this direction do not apply to prison staff or inmates.

 

Personal visitors to a prison and to a youth detention centre must be fully vaccinated or have evidence of a medical contraindication, or a COVID-19 vaccine trial participant except where an unvaccinated person is required to accompany a minor or other person as a parent, guardian, carer or support person.

An unvaccinated person who is permitted to enter the prison for this purpose must follow risk mitigation measures (e.g. face masks) put in place by the prison.

Example: a child visiting a parent in prison may be accompanied by an unvaccinated parent or carer, but the unvaccinated parent must wear a face mask at all times during the visit.

No Occupant density limits apply.

Not permitted unless:

An unvaccinated person is required to accompany a minor or other person as a parent, guardian, carer or support person.

An unvaccinated person who is permitted to enter the prison for this purpose must follow risk mitigation measures (e.g. face masks) put in place by the prison.

Example: a child visiting a parent in prison may be accompanied by an unvaccinated parent or carer, but the unvaccinated parent must wear a face mask at all times during the visit.

SCHEDULE 2 – DEFINITIONS

For the purposes of this Public Health Direction:

Business, activity or undertaking is as listed in Schedule 1.

Business Profile mode means the ability for businesses to electronically register by entering customer contact details via ‘Check In Qld Business Profile mode’ listed in the profile section of the app.

Check In Qld app means the app developed by the Queensland Government for contact tracing purposes which, when used by a person, provides the Queensland Government with the person’s contact information and details of the person’s attendance at a restricted business, activity or undertaking.

Note – Each person should check in individually using the Check In Qld app or have a person in their group or the business check in on their behalf.

Contact information means the information collected by the Check in Qld app or, if another collection method is permitted under this Direction, the name, phone number, email address, and the date and time of attendance of visitors and staff.

Co-located means using shared facilities and staff and visitors of the business, activity or undertaking move freely between the co-located facilities, functions or settings.

COVID-19 digital certificate means an electronic certificate outlining a person’s vaccination status for the COVID-19 vaccine.

COVID-19 vaccine means a COVID-19 vaccine approved for use in Australia or recognised by the Therapeutic Goods Administration.

COVID-19 vaccine trial means a medical trial for a potential vaccine for COVID-19 under either the Clinical Trial Notification or Clinical Trial Approval schemes regulated by the Therapeutic Goods Administration.

COVID-19 vaccine trial participant means a person who:

  1. is an active participant in a COVID-19 vaccine trial; and

  2. provides a medical certificate or letter from a medical practitioner, registered under the Health Practitioner Regulation National Law (Queensland) associated with the COVID-19 vaccine trial confirming that:

    1. the person is participating in a Phase 3 or 4 COVID-19 vaccine trial; and

    2. the person has received at least one active dose of the vaccine that is being trialled.

COVID Safe Checklist means the COVID Safe Checklist published on the Queensland Health website.

COVID Safe Site Specific Plan means a site-specific COVID Safe Plan for unique and/or large businesses approved by the Chief Health Officer or a delegate.

Eligible health professionals means any of the following:

  • fellows of the Royal Australian College of General Practitioners (as defined by the Health Insurance Act 1973 Cth); or

  • fellows of the Australian College of Rural and Remote Medicine (as defined by the Health Insurance Act 1973 Cth); or

  • on Medicare’s Vocation Register of General Practitioners (as defined by the Health Insurance Act 1973 Cth); or

  • practice registrar on an approved 3GA training placement; or

  • paediatrician; or

  • public health physician; or

  • infectious diseases physician; or

  • clinical immunologist.

Emergency works means a workplace emergency that threatens to risk or disrupt workplace operations or cause damage.

Example: a power outage, or a burst water main.

Fully vaccinated means a person who is 16 years of age or over has received the prescribed number of doses of a COVID-19 vaccine.

Note: Information about the World Health Organization COVAX program and WHO emergency use listing is available here: WHO COVID-19 vaccines.

Note: a person who has evidence of a medical contraindication is treated as being fully vaccinated.

Immunisation history statement means a statement that displays all the immunisations a person has had that are on the Australian Immunisation Register.

Note: further information can be found on https://www.servicesaustralia.gov.au/individuals/services/medicare/australian-immunisation-register

International COVID-19 Vaccination Certificate means a secure record of vaccinations for people travelling internationally that meets agreed international travel standards.

Note: further information can be found on https://www.servicesaustralia.gov.au/individuals/subjects/getting-help-during-coronavirus-covid-19/covid-19-vaccinations/what-types-proof-there-are/international-covid-19-vaccination-certificate-proof

Medical contraindication means a temporary or permanent contraindication that is notified to the Australian Immunisation Register (AIR) by a medical practitioner completing an Australian Immunisation Register (AIR) immunisation medical exemptions form in relation to a person and recorded on the person’s Immunisation History Statement (IHS).

Note: Evidence of a recognised medical contraindication means a COVID-19 vaccination medical exemption recorded by an eligible health professional on the Australian Immunisation Register for the person. A person who provides evidence of a medical contraindication is treated as if they are fully vaccinated.

Non-restricted business, activity or undertaking means a business, activity or undertaking that is not listed in Schedule 1 of this Direction.

Occupant density means the number of people permitted within a square metre; where it is not specified there is no occupant density requirement.

Physical distancing includes remaining at least 1.5 metres away from other persons where possible.

Private hire of venue means any space, area, room or venue that is hired out, whether for a fee or not, for private purposes or functions including presentations, conferences, parties, weddings, or funerals. Where only part of the venue is used for the private function, persons at the function must comply with the vaccination entry requirements for any other part of the venue.

Proof of COVID-19 vaccination, means the forms of evidence described below, including evidence of medical contraindication (printed or electronic), or of being a COVID-19 vaccine trial participant , which are:

  1. written confirmation of COVID-19 vaccination provided to the person as part of the vaccination process, such as a record of vaccine card; or

  2. vaccination information displayed on the Check in Qld app; or

  3. a COVID-19 digital certificate or printed vaccination certificate from the Australian Immunisation Register; or

  4. an online or printed immunisation history statement for COVID-19 vaccination, including confirmation of a medical contraindication; or

    Note: A visitor’s immunisation history statement can be obtained from the Australian Government using myGov, the Medicare mobile app or by calling the Australian Immunisation Register and requesting a statement to be posted.

  5. a COVID-19 vaccination medical exemption recorded by an eligible health professional on the Australian Immunisation Register for the person.

    Note: If a person is unable to receive a COVID-19 vaccination because of a medical contraindication, they must provide evidence of a medical contraindication. Upon provision of evidence of a medical contraindication, a person will be treated as if they are fully vaccinated for the vaccination entry requirements.

  6. an International COVID-19 Vaccination Certificate:

    1. in a printed or electronic form from the Department of Home Affairs that confirms completion of an Australia Travel Declaration and vaccination against COVID-19 overseas; or

    2. through Medicare online account through myGov or the Medicare mobile app; or

    3. an official record of vaccination provided to the person when vaccinated against COVID-19 overseas.

  7. a medical certificate or letter certifying the person is currently taking part in a COVID-19 vaccine trial and receipt of a Therapeutic Goods Administration approved vaccine would impact the validity of the trial. As this exemption is temporary, the medical certificate or letter must not have expired and must show:

    1. the person is participating in a Phase 3 or 4 COVID-19 vaccine trial; and

    2. the person has received at least one active dose of the vaccine that is being trialled.

      Note: a person who provides evidence of a medical contraindication is treated as if they are fully vaccinated.

Public health controls are measures to reduce public health risks. These measures may include environmental cleaning, hygiene measures, regular washing of hands, availability of hand sanitiser and avoiding handshaking.

Public health officer includes an emergency officer (general), a contact tracing officer or an authorised person under section 377 of the Public Health Act.

Requirements for collection and storage means:

  1. securely storing contact information and not using it for any other purpose, other than for contact tracing; and

  2. deleting the information after not less than 30 days and not more than 56 days.

Responsible person for a business, activity or undertaking means the person who owns, controls or operates a business, activity or undertaking.

Staff means anyone that enters, works at, provides services or volunteers at premises as part of the ongoing operation of a business, activity or undertaking, and whose services or delivery of goods cannot be provided or delivered in a contactless way. Staff may be employed as an employee, contractor or otherwise engaged, including as a volunteer or student on a placement in connection with an enrolled course of study.

Note: A worker who visits a high-risk setting as an incidental part of their duties but is not providing services as part of, or to, the business, activity or undertaking or their delivery or service is provided contactlessly, is not a worker at the business, activity or undertaking but is a visitor to the premises.

Example: barista, cleaner, chef, wait staff, decorator, on site support person, volunteers for an event, performers at an entertainment venue.

Stadium means a sports stadium, including both indoor and outdoor, which may also be used for other events, located in the State of Queensland (for example: North Queensland Stadium (Queensland Country Bank Stadium), The Gabba, Suncorp Stadium, Metricon Stadium, Queensland Tennis Centre, Moreton Daily Stadium, Sunshine Coast Stadium) and excludes a showground.

Unvaccinated means a person who is not fully vaccinated against COVID-19 and does not meet the vaccination entry requirements

Vaccination entry requirements means the requirement for a person to be fully vaccinated against COVID-19 or have evidence of a medical contraindication or have evidence of being a COVID-19 vaccine trial participant in order to enter and remain in the relevant business, activity, or undertaking, and to determine other requirements that apply to the business, activity or undertaking.

Visitor means a person, including a guest or patron, who enters a business, activity or undertaking other than as staff of the business, activity or undertaking, and includes employees of other businesses and government employees entering under an arrangement with the owner or operator, or in the performance of their duties and excludes a person entering under the exception for official duties and emergencies or for law enforcement.

Example: a government employee entering a café to consult with the owner or with staff as part of their work duties is a visitor and must comply with the COVID-19 vaccination and other requirements of this public health direction to enter. The owner or operator of the business, activity or undertaking must sight evidence of their COVID-19 vaccination but does not need to retain a record of it.

Example: a worker employed by another business but performing duties in the business, activity or undertaking is a visitor and must provide contact information and show evidence of their vaccination to the owner, operator or their staff.

Last updated: 14 April 2022